Preview
No. 21-CV—0305
DAVID AND. CONNIE EVANS, § IN THEDISTRICT COURT 0F
I
l Plaintiffs, g
v. g GALVESTON COUNTY, TEXAS
.
MB HARBOUR, LTD. AND HARBOUR g
MANAGEMENT, LL-C §
’
Defendants. g 10th JUDICIAL DISTRICT
‘
CHARGE 0F THE COURT
MEMBERS 0F THE JURY:
After the closing arguments, you will go to the Jury room to decide the case, answer the
questions that are attached, and reach a verdict. You may discuss the case With other Jurors only ’
when you are all together 1n the Jury room.
Remember my Do
not discuss the case with anyone else, either 1n
previous instructions:
person or by any other means. Do not do any independent investigation about the case or conduct
any research. Do not look up any wOrds 1n dictionaries or on the‘ Internet. Do not post information
about the case on the Internet. Do not share any speCial knowledge or experiences with the
other jurors. Do, not use your phone or any other electronic deviCe during your deliberations for
any reason. I will give you a number where others may contact you in case of an emergency.
Any notes you have taken are for your own You may téke your notes
personal use.
back into the jury room and consult them during deliberations; but do not show or read your notes
to your fellow Jurors during your deliberations. Your notes are not evidence. Each of you should
rely on your independent recollection of the evidence and not be influenced by the fact that
another Juror has or has not taken notes.
You must leave your notes with the bailiff when you ate not deliberating. The bailiffiwill
'
me promptly after collecting them from you. make sure your notes are kept
'
give your notes to I will
in a safe, secure location and not disclosed you complete yOur deliberatiofis, the
to anyone. After
bailiff will collect your notes. When you are released from Jury duty, the bailiff will promptly
destroy your notes so that nobody can read what you wrote.
Here are the instructibns for ”answering the questions.
1.
‘
Do not let bias, prejudice, o_r sympathy play any part in' your decision.
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va Verdict
A
ngucharge and x
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2. Base your answers only on the evidence admitted in court and on the law that is in these
.
instructions and questions. Do not consider or discuss any evidence that was not admitted in the
‘
~
courtroom.
are.
3. You are to make upyour own mind's about the facts. You- the sole judges ofthe credibility
5
of the witnesses and the weight to give their testimony. But on matters of law, you must follow’ all
of my instructions.
4. If my instructions use a word 1n a way that ls different from its ordinary meaning, use the
meaningI give you, which will be a proper legal definition.
5. A11 the questions and answers are important. No one should s_ay that any question or answer is
not important.
6.~ Answer“ yes’ "or ‘no” to all you are told otherwise. A “yes” answer must be
questions unless
,
'based on a preponderance of the evidence. Whenever a question requires an answer other than
“”yes 0r “,no ’your answer must be based on a preponderance of the evidence.
The term‘ ‘prepo'nderance of the evidence” means the greater weight of credible evidence
‘
presented 1n this case. If you do not find that a preponderance of the evidence supports a “”yes
”
answer, then answer “no. A preponderance of the evidence 1s not measured by the number of
witnesses or by the number of documents admitted 1n evidence. For a fact to be proved by a
preponderance of the evidence, you must find that the fact ls more likelytrue than not true.
7. Do not decide who you ‘think should win before you answer the questions and then just
answer the questions to match your decision. Answer each question carefully Without considering
who will Win. Do not discuss or consider the effect your answers will have.
8. Do not ansWer questions‘by drawing straws O'r
by any method of chance.
9. Some questiOns. might ask you for a dolllar amount. Do not agree in advance to decide on a
dollar amount by adding up each Juror ’s amount and then figuring the average.
10. Do not trade your answers. For example, do not say, “I will ansWer this question your way if
you ansWer another question my way.” ~
11. The answers t0 the questions must be based on the decisibn of at least ten of the twelve jurors.
The same ten jurors must agree On every answer. Do not agree to be bound by a vote of anything
less than ten jurors, even if it would be a majority;
As,I have said before, if you do not follow theseinstructions, you will be guilty of juror
~
misconduct, and I might have to order a new trial and start this process over again. This would
waste your time and the parties” money, and would require the taxpayers of this county to pay for
another trial. If a juror breaks any of these rules, tell that person to stop and report it, to me
'
immediately.
466566.]
JOHND
CLERKDID
KIN ARD
cou RT
RIDCT
Nov .08 2022
DEFINTIONS GALVESTON COUNTY. TEXAS
BY
Efifi
(1) “Plaintiffs” or the “Evans” means David and Connie Evans who brought this suit agairistu
the Defendants.
(2) “Defendants” or “MB Harbour” means MB Harbour, LTD. and Harbour Management,
LLC.
(3) “Lawsuit” means the above—captioned case.
QUESTION NO. 1
What is a reasonable fee for the necessary legal services of Defendants’ attorneys and
paralegals for Plaintiffs’ claims under the Declaratory Judgments Act and the Canal Use License
’
Agreement? .
A reasonable fee is the reasonable hours worked, and to be worked, multiplied by a
reasonable hourly rate for that work.
'
Do not ificlude fees that relate solely to any other claim.
Answer with an amount in dollar and cents for each of the following:
1. For attorneys’ representation in the trial court.
Answer: $43; (700 , Of)
2. For paralegals” representation in the trial court.
Answer: $ .q, g 7 C9 . {50
3. For attorneys’ representation in the court of appeals.
Answer:
lg
/0C)/ 0‘70 (Ch)
_
4. For attorneys’ representation at the petition for review stage in the Supreme Court
of Texas.
Answer: (j. £4 {96) (”7, C90
5. For attorneys’ representation at the merits briefing stage in the Supreme Court of
Texas.
AnswerF/g 5C7’, (9 (7O I (€90
4665 66.1
6. For attorneys’ representation through oral argument and the Completion of
proceedings in the Supreme Court of Texas.
Answer: lg a!) 5,,- /01QO‘-.- fiat?
466566.]
1‘9
Presiding Juror:
1. When you go into the jury room to- answer the questions, the first thing you will need to
do is choose a presiding juror. »
~2. The presiding juror has these duties:
a. Have the complete charge read aloud if it will be helpful to your deliberations;
B. preSidé over your deliberations, meaning manage the discussions, and see that
you follow these instructions;
c. give written questions or comments to the bailiff who will give them to the judge;
d. write down the answers you agree on;
e. get the signatures for the verdict certificate; and
’
f. notify the bailiff that you have reached a verdict.
Do you understand the dufies of the presiding juror? If you do not, please fell me now.
Instructions for Signing the Verdict Certificate:
‘
1. You may answer on a vote often jurors. The same ten jurors must agree on
the questions
every answerlin the charge. This means you may not have one group of ten jurors agree on one
answer and a different group of ten jurors agree. on another answer.
2. ,
If ten jurors agree on' every answer, thoSe ten jurors sign the verdict. If eleven jurors agree
on every answer, those eleven jurors sign the verdict.
I
If all twelve of you agree on every answer, you are unanimous and only the presiding juror
sigls the verdict. -
3. You may énd up with all twelve of you
A11 jurors should deliberate on every question.
agreeing 0n some answers, while only ten or eleven of you agree on other answers. But when you
'
sign the verdict, only those ten who agree on every answer Will sign the verdict.
@2/
Do you understand these instructions? If you do not, please tell me now.
k
MDlNG JUDGE
4665 66. 1
\
l“
Check one:
Verdict Certificate
.
a ?
é Our verdict is unanimous. A11 twelve of us have agreed to each and every answer.
The presiding juror has signed the certificate for all twelve of us.
4M U n4:¢A/ze(w {kfnne/r'
ignature of Presiding Juror Printed Name of Presiding Juror
Our verdict is not unanimous. Eleven of us have agreed to each and every answer and
have signed the certificate below.
Our verdict is not unanimous. Ten of us have agreed to each and every answer and have
signed the certificate below.
Signature Name Printed
10.
11.
466566.]
Preview
No. 21-CV—0305 DAVID AND. CONNIE EVANS, § IN THEDISTRICT COURT 0F I l Plaintiffs, g v. g GALVESTON COUNTY, TEXAS . MB HARBOUR, LTD. AND HARBOUR g MANAGEMENT, LL-C § ’ Defendants. g 10th JUDICIAL DISTRICT ‘ CHARGE 0F THE COURT MEMBERS 0F THE JURY: After the closing arguments, you will go to the Jury room to decide the case, answer the questions that are attached, and reach a verdict. You may discuss the case With other Jurors only ’ when you are all together 1n the Jury room. Remember my Do not discuss the case with anyone else, either 1n previous instructions: person or by any other means. Do not do any independent investigation about the case or conduct any research. Do not look up any wOrds 1n dictionaries or on the‘ Internet. Do not post information about the case on the Internet. Do not share any speCial knowledge or experiences with the other jurors. Do, not use your phone or any other electronic deviCe during your deliberations for any reason. I will give you a number where others may contact you in case of an emergency. Any notes you have taken are for your own You may téke your notes personal use. back into the jury room and consult them during deliberations; but do not show or read your notes to your fellow Jurors during your deliberations. Your notes are not evidence. Each of you should rely on your independent recollection of the evidence and not be influenced by the fact that another Juror has or has not taken notes. You must leave your notes with the bailiff when you ate not deliberating. The bailiffiwill ' me promptly after collecting them from you. make sure your notes are kept ' give your notes to I will in a safe, secure location and not disclosed you complete yOur deliberatiofis, the to anyone. After bailiff will collect your notes. When you are released from Jury duty, the bailiff will promptly destroy your notes so that nobody can read what you wrote. Here are the instructibns for ”answering the questions. 1. ‘ Do not let bias, prejudice, o_r sympathy play any part in' your decision. r31- cu cans I va Verdict A ngucharge and x \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 1 _ ‘{f> ' 2. Base your answers only on the evidence admitted in court and on the law that is in these . instructions and questions. Do not consider or discuss any evidence that was not admitted in the ‘ ~ courtroom. are. 3. You are to make upyour own mind's about the facts. You- the sole judges ofthe credibility 5 of the witnesses and the weight to give their testimony. But on matters of law, you must follow’ all of my instructions. 4. If my instructions use a word 1n a way that ls different from its ordinary meaning, use the meaningI give you, which will be a proper legal definition. 5. A11 the questions and answers are important. No one should s_ay that any question or answer is not important. 6.~ Answer“ yes’ "or ‘no” to all you are told otherwise. A “yes” answer must be questions unless , 'based on a preponderance of the evidence. Whenever a question requires an answer other than “”yes 0r “,no ’your answer must be based on a preponderance of the evidence. The term‘ ‘prepo'nderance of the evidence” means the greater weight of credible evidence ‘ presented 1n this case. If you do not find that a preponderance of the evidence supports a “”yes ” answer, then answer “no. A preponderance of the evidence 1s not measured by the number of witnesses or by the number of documents admitted 1n evidence. For a fact to be proved by a preponderance of the evidence, you must find that the fact ls more likelytrue than not true. 7. Do not decide who you ‘think should win before you answer the questions and then just answer the questions to match your decision. Answer each question carefully Without considering who will Win. Do not discuss or consider the effect your answers will have. 8. Do not ansWer questions‘by drawing straws O'r by any method of chance. 9. Some questiOns. might ask you for a dolllar amount. Do not agree in advance to decide on a dollar amount by adding up each Juror ’s amount and then figuring the average. 10. Do not trade your answers. For example, do not say, “I will ansWer this question your way if you ansWer another question my way.” ~ 11. The answers t0 the questions must be based on the decisibn of at least ten of the twelve jurors. The same ten jurors must agree On every answer. Do not agree to be bound by a vote of anything less than ten jurors, even if it would be a majority; As,I have said before, if you do not follow theseinstructions, you will be guilty of juror ~ misconduct, and I might have to order a new trial and start this process over again. This would waste your time and the parties” money, and would require the taxpayers of this county to pay for another trial. If a juror breaks any of these rules, tell that person to stop and report it, to me ' immediately. 466566.] JOHND CLERKDID KIN ARD cou RT RIDCT Nov .08 2022 DEFINTIONS GALVESTON COUNTY. TEXAS BY Efifi (1) “Plaintiffs” or the “Evans” means David and Connie Evans who brought this suit agairistu the Defendants. (2) “Defendants” or “MB Harbour” means MB Harbour, LTD. and Harbour Management, LLC. (3) “Lawsuit” means the above—captioned case. QUESTION NO. 1 What is a reasonable fee for the necessary legal services of Defendants’ attorneys and paralegals for Plaintiffs’ claims under the Declaratory Judgments Act and the Canal Use License ’ Agreement? . A reasonable fee is the reasonable hours worked, and to be worked, multiplied by a reasonable hourly rate for that work. ' Do not ificlude fees that relate solely to any other claim. Answer with an amount in dollar and cents for each of the following: 1. For attorneys’ representation in the trial court. Answer: $43; (700 , Of) 2. For paralegals” representation in the trial court. Answer: $ .q, g 7 C9 . {50 3. For attorneys’ representation in the court of appeals. Answer: lg /0C)/ 0‘70 (Ch) _ 4. For attorneys’ representation at the petition for review stage in the Supreme Court of Texas. Answer: (j. £4 {96) (”7, C90 5. For attorneys’ representation at the merits briefing stage in the Supreme Court of Texas. AnswerF/g 5C7’, (9 (7O I (€90 4665 66.1 6. For attorneys’ representation through oral argument and the Completion of proceedings in the Supreme Court of Texas. Answer: lg a!) 5,,- /01QO‘-.- fiat? 466566.] 1‘9 Presiding Juror: 1. When you go into the jury room to- answer the questions, the first thing you will need to do is choose a presiding juror. » ~2. The presiding juror has these duties: a. Have the complete charge read aloud if it will be helpful to your deliberations; B. preSidé over your deliberations, meaning manage the discussions, and see that you follow these instructions; c. give written questions or comments to the bailiff who will give them to the judge; d. write down the answers you agree on; e. get the signatures for the verdict certificate; and ’ f. notify the bailiff that you have reached a verdict. Do you understand the dufies of the presiding juror? If you do not, please fell me now. Instructions for Signing the Verdict Certificate: ‘ 1. You may answer on a vote often jurors. The same ten jurors must agree on the questions every answerlin the charge. This means you may not have one group of ten jurors agree on one answer and a different group of ten jurors agree. on another answer. 2. , If ten jurors agree on' every answer, thoSe ten jurors sign the verdict. If eleven jurors agree on every answer, those eleven jurors sign the verdict. I If all twelve of you agree on every answer, you are unanimous and only the presiding juror sigls the verdict. - 3. You may énd up with all twelve of you A11 jurors should deliberate on every question. agreeing 0n some answers, while only ten or eleven of you agree on other answers. But when you ' sign the verdict, only those ten who agree on every answer Will sign the verdict. @2/ Do you understand these instructions? If you do not, please tell me now. k MDlNG JUDGE 4665 66. 1 \ l“ Check one: Verdict Certificate . a ? é Our verdict is unanimous. A11 twelve of us have agreed to each and every answer. The presiding juror has signed the certificate for all twelve of us. 4M U n4:¢A/ze(w {kfnne/r' ignature of Presiding Juror Printed Name of Presiding Juror Our verdict is not unanimous. Eleven of us have agreed to each and every answer and have signed the certificate below. Our verdict is not unanimous. Ten of us have agreed to each and every answer and have signed the certificate below. Signature Name Printed 10. 11. 466566.]